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ACV Determination

Actual Cash Value

Actual Cash Value is not defined in most policies, but adjusters are taught it means Replacement Cost less Depreciation equals Actual Cash Value (ACV). Courts have begun to expand on this definition.

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Auto Total Loss Threshold

Automobile

Many states have a particular rule for what constitutes a "total loss" of an automobile. Others follow a "total loss formula (TLF)." Adjusters need to know which rule is used in their particular state. 

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Depreciation of Labor

Actual Cash Value

Depreciation is a hotly debated topic in the insurance world. Everyone knows materials are depreciable. The question comes into play if intangible things such as labor can be depreciated.

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General Contractor O&P Depreciation 

Actual Cash Value

Depreciation is a hotly debated topic in the insurance world. The above page discusses labor and taxes, while this page discusses if general contractor's overhead & profit (GCOP) can be depreciated in ACV settlements. 

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Made Whole States

Subrogation

The subrogation doctrine of making the insured whole prior to taking any reimbursement for the carrier is common throughout the states, although the definition may change depending on the state.

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Matching Regulations

Settlement

Determining how to match damaged property with undamaged property is difficult. It is especially hard when the item has been discontinued. Similar may not mean an exact match, though. 

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Overinsurance Statutes

Policy

While underinsurance is more common than overinsurance, it does represent certain problems such as the insured paying too much in premiums, a moral hazard for fraud, and it could be illegal in some states. 

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Property Deadlines

Statue of Limitations

This is a list of first-party property statute of limitations. Adjusters should be aware of their state’s particular statute of limitation and if the insurer should notify an insured of the upcoming deadline to file suit.

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Value Policy States

Settlement

This is a list of the states with first-party property value policy rules. Adjusters should be aware of their state’s particular rules regarding their duty to pay policy limits if a structure is a total loss.